CHEYENNE, Wyo.—Wyoming drivers suspected of driving under the influence of drugs or alcohol would lose their right to refuse a test to determine the concentration in their bodies under a bill that cleared its first committee hearing Monday.
The House Judiciary Committee voted 5-4 in favor of the bill sponsored by Rep. Keith Gingery, R-Jackson. The bill now goes to the House.
Representatives from law enforcement spoke in favor of the bill, but a criminal defense lawyer cautioned the committee that there was no legitimate reason to pass it.
Under Gingery’s bill, law enforcement could require blood tests. Breath tests would cover most cases involving drivers under the influence of alcohol.
Gingery told committee members that drivers who have been cited previously for DUI commonly refuse to submit to a test even though that refusal can result in a license suspension. He said a first refusal can result in a driver’s license suspension of six months while subsequent refusals can result in a suspension of 18 months.
“What that truly means is that in the state of Wyoming, we don’t have a DUI law,” said Gingery, a county prosecutor. “We allow people to walk away from a crime that they just committed. We don’t do that with any other crime.”
First-time DUI offenders aren’t commonly the impaired drivers responsible for causing fatalities, Gingery said. He said most of them are never seen in the justice system again after their first offense.
Rather, Gingery said, most traffic deaths are caused by DUI recidivists who are driving with blood-alcohol levels of .15 percent and greater. Under state law, drivers are presumed to be intoxicated at 0.08 percent.
In Teton County, where Gingery works as an assistant county attorney, the testing refusal rate among people who are stopped for a second or subsequent DUI is about 75 percent, he said. He said the refusal rate in Albany County is above 60 percent.
Eric Phillips, the state traffic safety resource prosecutor, said drivers wouldn’t be able to refuse a test if the bill became law. He said Wyoming law doesn’t currently allow for authorities to require a driver to give a blood sample against their will except in cases where there’s been serious injuries.
Phillips said South Dakota has already passed a law that doesn’t allow motorists to refuse a test. He said it’s not generally a problem that officers have to restrain a motorist to take a blood sample because they realize that they don’t have the right to refuse.
Joe Baron, Crook County attorney and spokesman for the Wyoming county prosecuting attorneys association, urged the committee to approve the bill.
Casper Police Chief Tom Pagel said his community has spent thousands of dollars trying to convince people not to drink and drive. Nonetheless, he said the city had about 650 arrests for DUI last year.
“The point is we still have a problem with drunk drivers,” Pagel said. “You’re dealing with this individual who has chosen to be irresponsible.”
Robert Moxley, a Cheyenne defense attorney, urged the committee to reject the bill.
“This is a draconian solution to a nonexistent problem, or at least a very minimal problem,” Moxley said. He said it would be very rare for prosecutors to fail to convict an impaired driver just because the driver refused to take a test.
Moxley said any competent prosecutor should be able to get a conviction against a driver who showed the obvious signs of intoxication.
Voting for the bill in committee were: Chairman Rep. Kermit Brown, R-Laramie; Rep. Joseph Barbuto, D-Rock Springs; Rep. Richard Cannady, R-Glenrock; Rep. Mary Throne, D-Cheyenne; and Rep. Sam Krone; R-Cody. Voting against it were: Rep. Bob Brechtel, R-Casper; Rep. Matt Greene, R-Laramie; Rep. Bob Nicholas, R-Cheyenne and Rep. Frank Peasley, R-Douglas.
